David Dauchez is senior counsel at Uber in the antitrust and competition department. Previously, he was an associate at Hogan Lovells in Brussels. He trained in the competition departments of Allen & Overy (Paris) and Hogan Lovells (London) and worked on state aid matters, cartel law, antitrust procedures and merger control. He is a graduate of the University of King’s College London (LLM, EU Competition Law, 2011), Paris II-Panthéon Assas (Master 2 in Business Law, 2012) and also studied Common Law at University College London.
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Reminder of facts and procedure Following a complaint by a private broadcaster, the Commission opened an investigation into the financing of TV2 and declared some of the aid compatible with the internal market, with the exception of an amount qualified as overcompensation (decision of 19 May (...)
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In a decision of 22 July 2015, the European Commission concluded that the tax exemption from which Electricité de France ("EDF") benefited in 1997 when certain accounting provisions were reclassified as capital injections constituted illegal State aid and ordered the French authorities to (...)
190
On 2 July 2015, the Commission adopted new Guidelines for the examination of State aid to fisheries and aquaculture (2015/C 217/01). This revision aims in particular at adapting the existing rules to the Regulation on the common organisation of the markets in fishery and aquaculture products (...)
148
Reminder of facts and procedure In February 2011, the Commission opened a formal investigation into four measures in favour of Sace BT, an Italian public-law body transformed into a public limited company in 2004 active in the field of export credit insurance: initial capital endowment of (...)
299
It is no doubt useful to provide a brief review of the very specific legislative and treaty framework at the origin of this case. The case concerns an extension agreement concluded in 2005 between the Hungarian authorities and a mining company, MOL, to allow it to extend the initial permit (...)
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Trib. EU, 15 Jan. 2015, France v. Commission, Case T-1/12, ECLI:EU:T:2015:17 - Sea France Following financial difficulties encountered by SeaFrance, the latter was admitted to the safeguard procedure in April 2010, and was then the subject of judicial liquidation proceedings. Between 2009 (...)
385
A Spanish law of 2001 provides that in the case of the acquisition of a holding by a company taxable in Spain in a foreign company, the goodwill resulting from that holding is deductible in the form of depreciation of the taxable base for corporation tax for which the company is liable. This (...)
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Trib. EU, 16 October 2014, Alcoa Trasformazioni v Commission, Case T-177/10 Portovesme v Commission, Case T-291/11. Eurallumina v Commission, Case T-308/11 A decree of February 2004 allowed new undertakings (the subject of Cases T-291/11 Portovesme and T-308/11 Eurallumina) to benefit from a (...)
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The Autonomous Community of Valencia invested in the creation of a Ciudad de la Luz (CDL) cinema complex in October 2000. To this end, a public limited company was set up, 75% owned by the Autonomous Community of Valencia through the Sociedad Parque Tematico de Alicante (SPTCV) between 2001 (...)
267
The European Commission has adopted new guidelines on state aid for energy and environmental aid following three successive public consultations with stakeholders and Member States since July 2012. Indeed, it will be remembered that there was much discussion on the very definition of the (...)
184
Factual and legal context ---- In confirming the Commission’s decision, the Court of First Instance recalls the principles relating to the concept of advantage, the standard of reasoning expected of the Commission in the recovery of aid and sets the limits to the invocability of the principle (...)
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As part of the modernisation of state aid control, several draft regulations or guidelines were submitted this summer for public consultation with a view to their adoption in the coming months. Aviation The Commission has launched a consultation between 3 July 2013 and 25 September 2013 on (...)
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Factual and legal background - Complaint and Commission decision An Italian decree of 1945 requires the Italian Post Office (Poste Italiane SpA, Banco Posta for financial services) to transfer the funds collected from its customers to a current account of the Caisse des dépôts et de prêts (...)
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As part of the State aid modernisation programme, the Council of the Union has amended Regulation 994/98 to introduce new categories of aid which may be exempted under a Commission exemption regulation. To this end, the Council adds new categories of aid falling within the Commission’s (...)
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On 22 July 2013, the Council of the Union adopted a procedural regulation amending Regulation No 659/1999. It aims to make the procedure for handling and examining complaints more efficient, gives the Commission more extensive powers of investigation and provides a framework for cooperation (...)
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Grands arrêts du droit de la concurrence - Contrôle des aides d’Etat
